• esrr 

February 4, 2016 

U.S. Department ofTransportation Docket 

Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Re: Petition for an Exemption Pursuant to Section 333 of the FAA Modernization and 

Reform Act of 20 12 

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Refonn Act of2012 ("Reform Act") and 

14 C.F.R. Part 11 , Environmental Systems Research Institute, Inc. ("Esri'') hereby applies for an 

exemption from the Federal Aviation Regulations ("FARs") identified below to allow 

commercial operation of small unmanned aerial systems ("UAS") for the purpose of conducting 

aerial imaging, videography, topographic mapping, photogrammetry and remote sensing. 

The operating conditions and limitations set forth below, which Esri is willing to accept, are 

identical to those in the exemption granted to other similarly situated UAS operators, including, 

but not limited to Aeryon Labs, Inc. The only difference in this request is that Esri is proposing 

the 3DR Solo UAS~ however, the FAA has also granted an exemption request previously for use 

of the JDR Solo for commercial purposes. Since the 3DR Solo specified in this request is the 

same craft that the FAA has already approved, and because Esri will operate the 3DR Solo UAS 

fully in compliance with the conditions in exemption precedent, the FAA need not provide 

notice in the Federal Register or ask for public comment. For these reasons. this petition for an 

exemption meets the requirements for summary processing. 

This petition for exemption is made based on information outlined in this Petition for Exemption, 

as well as the accompanying Esri document; specifically the Flight Operations Manual. 

380 New York Street 

Redlands. Califorma 92373-8100 USA 

909 793 2853 

1nfo@esri com esn com 
Page 2 

For your convenience, this Petition is organized as follows: 

I. Description of Petitioner 

II. Description of Proposed Operations 

A. Aerial Imaging, Vidcography, Topographic Mapping, Photogrammetry and 

Remote Sensing 

III. Relevant Statutory Authority 

IV. Esri's Proposed UAS Operations Meet the Requirements of Section 333 of 

the Reform Act 

A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and 

Operational Capability 

B. Approval is Warranted Based on the Operational Restrictions Set Forth in the 

Operations Manuals 

V. Regulations from Which Exemption is Requested 

A. 14 C.F.R. Part 21, Subpart H -Airworthiness Certificates and 14 C.F.R. § 

91.203(a)(l) 

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft 

C. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and 

Identification Requirements 

D. 14 C.F.R. § 91.405(a), 91.407(a)(l ), 91.409(a)(l) and (2); 91.417(a) and (b): 

Maintenance Inspections 

E. 14 C.F.R. Part 61 , 14 C.F.R. § 61.3, 14 C.F.R. § 61.113: Private Pilot 

Privileges and Limitations 

F. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness 

G. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 14 

C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Certification and 

Registration 

H. 14 C.F.R. § 91.103: PreflightAction 

I. 14 C.F.R. § 91.109(a): Flight Instruction 

1. 14 C.F.R. § 91. 11 9(c): Minimum Safe Altitudes 

K. 14 C.F.R. § 91 . 121 : Altimeter Settings 

L. 14 C.F.R. § 91.15l(a): Fuel Requirements for Flight in VFR Conditions 

Vl. Drug and Alcohol Program 

VII. Public Interest 

VIII. Privacy 

IX. Federal Register Summary 

X. Conclusion 
Page 3 

I. DESCRIPTION OF PETITIONER 

Since 1969, Esri has helped organizations map and model our world. Ow- GIS technology allows 

users to effectively manage and analyze geographic information so they can make better decisions. 

We offer flexible, configurable, and easy-to-usc gcospatial solutions that let anyone access 

informative maps and location apps anywhere and on any platform or device. These solutions are 

supported by our experienced staff and extensive network of business partners and international 

distributors. 

Esri applications provide the backbone for the world's mapping and location analysis. Esri 

software is used in more than 350,000 organizations worldwide including each of the 200 largest 

cities in the United States, more than two-thirds of Fortune 500 companies, more than 24,000 state 

and local governments worldwide, hundreds of U.S. government organizations including DoD, IC, 

and federal civil agencies, and many others in dozens of industries. Private ownership, a zero-debt 

policy, and a firm commitment to fulfilling the needs of ow- customers all help Esri maintain its 

position as the world leader in GIS software. 

As a socially conscious business, we are proud that our technology is used by many organizations 

who apply location-based insights to solve problems and make our world a better place to live. We 

also actively support organizations involved in education, conservation, sustainable development, 

and humanitarian affairs. 

Esri seeks an exemption to allow for aerial imaging, videography, topographic mapping, 

photogrammetry, remote sensing, and related data collection. 

The contact information for Esri is as follows: 

ATTN: Lawrie E. Jordan, III 

Director of Imagery and Remote Sensing 

Environmental Systems Research Institute, Inc. 

380 New York Street 

Redlands, CA 923 73 

USA 

Phone: (909) 793-2853, Extension 1406 

E-mail: ljordan@esri.com 

II. DESCRIPTION OF PROPOSED OPERATION 

Esri seeks an exemption pursuant to Section 333 of the Reform Act to operate small, 

commercially-produced, consumer Unmanned Aircraft (UA) to collect imagery, video and 

mapping data to be used in the development and testing ofEsri software. All UAS operations will 

occur under controlled conditions on where Esri has received documented permission to operate 

from the landowner, controller or authorized representative. The proposed UAS operations will be 

conducted in accordance with the conditions and lin1itations of this Petition for Exemption and 

Esri's Operations Manuals. As detailed in Esri's Operations Manuals, all UAS operations will be 

limited to daytime VFR conditions in accordance to an approved Certificate of Waiver or 

Authorization (COA). Esri's Operational procedures incorporate redundant safeguards to assure 

the aircraft does not travel outside the controlled area ofUAS operations, including GPS "geefencing" technologies. 
Page4 

III. RELEYANT STATUTORY AUTHORITY 

This Petition for Exemption is submitted pursuant to Section 333(a) through (c) of the 

FAA Modcmi;r.ation and Reform Act of2012 ("Reform Act"). Congress has directed the FAA 

"to safely accelerate the integration of civil unmanned aircraft systems into the national airspace 

system." Pursuant to Section 333 of the Reform Act, the FAA Administrator is to permit UASs 

to operate in the National Airspace Systems ("NAS") where it is safe to do so based on the 

fol lowing considerations: 

• The UAS's size, weight, speed and operational cap ilit y~ 

• Operation of the UAS in close proximity to airports and populated areas; and 

• Operation of the UAS within the visual line of sight of the operator. 

Additionally, the FAA Administrator has general authority to grant exemptions from the agency's 

safety regulations and minimum standards when the Administrator decides a requested 

exemption is in the public interest. See 49 U.S.C. § 106(£) (defining the authority oftbe 

Administrator); 49 U.S.C. § 44701(f) (permitting exemptions from§§ 4470l(a), (b) and 

§§ 44702 447 16, et seq.). A party requesting an exemption must explain the reasons why the 

exemption: ( 1) would benefit the public as a whole, and (2) would not adversely affect safety (or 

how it would provide a level of safety at least equal to the existing rules). See 14 C.F.R. § 11.81 

(petitions for exemption). 

IV. ESRI 'S PROPOSED UAS OPERATIONS MEET THE 

REQUIREMENTS OF SECTION 333 OF THE REFOIV'\1 ACT 

The small UAS operations proposed by Esri as noted above in this Petition for Exemption 

qualify for expedited approval pursuant to Section 333 of the Reform Act as each of the statutory 

criteria and relevant factors are satisfied. 

A. Approval is Warranted Based on the VAS's Size, Weight, Speed, and 

Operational Capability 

A Grant of Exemption is appropriate for operations conducted using the UASs due to their size 

weight, speed, and operational capability. 

• Similar UAS to that proposed by Esri have been approved for use in prior Section 

333 Grants of Exemption from the FAA. 

• l'he UAS weighs less than 55 pounds, including payload 

• The UAS will not be flown at a ground speed in excess of 87 knots. The 

exemption holder may use either groundspeed or calibrated airspeed to detem1ine 

compliance with the 87 knot speed restriction. 
Page 5 

• Altitude information will be generated by equipment onboard the UAS as 

specified using GPS triangulation, digitally encoded barometric altimeter, radio 

altimeter, or any combination thereof. This infonnation will be transmitted to the pilot 

via telemetric data feed. 

• The UAS will have system redundancies and independent functionality to ensure 

the overall safety and predictability of the system. If connection to the remote 

control or ground control station is lost, failsafe systems will permit the UASs to 

return to a predetermined location and safely land without injury or damage. 

• The radio frequencies used for operations and control of the UAS comply with 

the Federal Communications Commission ("FCC") and other appropriate government 

oversight agency requirements. The operating frequency for the UAS is 2.4 GHz 

frequency bands. 

If the same operations were conducted using a helicopter, the aircraft's take-off weight would 

likely exceed 6,000 pounds depending on payload. The difference in weight between the UAS 

and a helicopter significantly reduces the potential harm to the participating and nonparticipating individuals and/or surrounding property in the event of an unintended accident or 

incident. In addition, the risk to the onboard pilot and camera operator is eliminated. 

B. Approval is Warranted Based on the Operational Restrictions Set Forth in 

Esri's Operations Manuals 

Esri 's Operations Manuals and the Manufacturer's Manual for the selected UAS will contain all 

the procedures and limitations necessary to safely and successfully perform the operations 

specified in this Petition for Exemption. To assist the FAA in making a safety assessment of 

Esri's proposed operations, below is a summary of operational limitations and conditions that 

Esri will adhere to, and which will ensure an equivalent or higher level of safety to operations 

conducted under current regulatory guidelines: 

1. The UAS weighs less than 55 pounds, with payload. 

2. All operations shall be conducted over property with documented permission from 

the land owner/controller or authorized representative. Permission from land 

owner/controller or authorized representative will be obtained for each scheduled 

flight prior to operation. 

3. All UASs operated under the Grant of Exemption will comply with 14 CFR part 48 

pertaining to the registration and marking requirements for small unmanned aircraft. 

4. Minimum crew for each flight operation will consist of a pilot, who will be Pilot-in 

Command ("PIC") of the UAS, and one or more Visual Observers ("VO") as 

necessary to safely conduct the mission. 
Page 6 

5. PICs will hold either an airline transport, commercial, private, recreational, or 

sport pilot certificate. The PIC must also hold a current FAA airman medical 

certificate or a valid U.S. driver's license issued by a state, the District of 

Columbia, Puerto Rico, a territory, a possession, or the Federal government. The 

PIC will also meet the flight review requirements specified in 14 C.F.R 61.56 in an 

aircraft in which the PIC is rated on h1s or her pilot certificate. 

6. The UAS shall be operated within visual line of sight ('"YLOS'') of the PIC and YO 

at all times. The PIC must use human vision unaided by any device other than 

corrective lenses, as specified on the PIC's FAA-issued medical certificate. 

7. The PIC and YO designated for any operation will be able to communicate 

verbally at all times. 

8. Electronic messaging or texting will not be permitted during flight operations. 

9. The additional requirements identified in the Grant of Exemption and COA(s) shall 

be added to the Esri's Operations Manuals. The Operations Manuals will be 

maintained and made available to the Administrator upon request. If a discrepancy 

exists between the conditions and limitations in the Grant of Exemption and Esri's 

Operations Manuals, the conditions and limitations in the Grant of Exemption shall 

take precedence and will be followed. Otherwise, Esri shall follow the procedures 

outlined in their Operations Manuals. 

10. Esri may update or revise its Operations Manuals. Revisions will be tracked and a 

revised copy of the Manual will be provided to the Administrator upon request. Esri 

will also present an updated and revised Operations Manuals if it petitions for 

extension or amendment to its Grant of Exemption. If an update or revision would 

affect the basis upon which the FAA grants the exemption, Esri will seek an 

amendment to its Grant of Exemption. Esri will contact the FAA's UAS Integration 

Office (AFS-80) if questions arise regarding updates or revisions to the operating 

documents. 

11. Esri Operations Manuals and its Grant of Exemption will be available to the PIC at 

the ground control station anytime the UAS is operating. 

12. The PIC is prohibited from beginning a UAS flight unless (considering wind and 

forecast weather conditions) there is enough power to fly to the first intended point of 

landing, and assuming normal cruising speed with a 25% reserve. 

13. Maximum total flight time for each operational flight using the UAS will be limited 

to 75% of the battery capacity leaving a 25% reserve 

14. Flights will be operated at an altitude of no more than 400 feet above ground level 

(''AGL") and will never enter navigable controlled airspace without authorization 

and approval from the FAA. 

15. Flight operations will be conducted at least 500 feet from all nonparticipating 

persons. (persons other than the PIC, YO, operator trainees or essential persons), 
Page 7 

vessels, vehicles, and structures unless: 

a. Barriers or structures are present that sufficiently protect nonparticipating 

persons from the UAS and/or debris in the event of an accident. The operator 

must ensure that nonparticipating persons remain under such protection. If a 

situation arises where nonparticipating persons leave such protection and are 

within 500 feet of the UAS, flight operations must cca-;c immediately 

and/or~ 

b. The aircraft is operated near vessels, vehicles or structures where the 

owner/controller of such vessels, vehicles or structures has granted permission 

and the PIC has made a safety assessment of the risk of operating closer to 

those objects and determined that it does not present an undue hazard, and; 

c. Operations nearer to the PIC, YO, operator trainees or essential persons do not 

present an undue hazard to those persons per§ 91.119(a). 

16. Esri intends to operate under the ''blanket" COA and will not conduct UAS 

operations under the following conditions: 

a. Nighttime as defined in FAR 1.1 ~ or 

b. During IFR conditions; or 

c. Within 5 nautical miles (NM) from an airport having an operational 

control tower; or 

d. Within 3 NM from an airport with a published instrument flight 

procedures, but not an operational tower; or 

c. Within 2 NM from an airport without a published instrument flight 

procedure or an operational tower; or 

f. Within 2 NM from a heliport with a published instrument flight 

procedure; or 

g. At altitudes in excess of200 feet unless specifically authorized in the 

exemption. 

17. Prior to each flight the PIC shall inspect the UAS to confirm that it is in a condition 

safe for flight. The pre-flight inspection will account for all discrepancies, 

(e.g., inoperable components, items, or equipment), not already covered in the 

relevant sections of the operating documents as well as equipment updates. The PIC 

will not operate any UAS if the inspection reveals a condition that affects the safe 

operation of the UAS until the necessary maintenance has been performed and the 

UAS is found to be in a condition for safe flight. The ground control station shall be 

included in the preflight inspection. All maintenance and alternations will be properly 

documented in the UAS's records as required by Esri's Operations Manuals. 

18. Esri will timely carry out its maintenance, inspections, and record keeping 

requirements in accordance with the Operations Manuals. Maintenance, inspection, 

and alterations will be fully noted in the UAS records. including total time in 

service, description of maintenance accomplished, date completed and the signature 

ofthe person returning the UAS to service. 

19. Any UAS that has undergone maintenance or alterations that affect the UAS 

operation or flight characteristics (e.g., replacement of a night critical component) 
Page 8 

must timely w1dergo a functional test flight in accordance with Esri'sOperations 

Manuals and manufacturer guidance. The PIC who conducts the functional test flight 

must make an entry in the UAS aircraft records ofthe flight. The requirements and 

procedures for a functional test Oight and UAS record entry shall be included in the 

Esri's Operations Manuals. 

20. The UAS will be operated and maintained according to the Manufacturer's Manuals 

and any required manufacturer Safety/Service Bulletins and product updates. 

21. Prior to the operation, a Mission Plan will be created in accordance with the 

requirements on Esri's Operations Manuals. 

22. Esri will obtain Certificate of Waiver or Authorization, otherwise known as a 

"COA," prior to conducting any operations under this Grant of Exemption. 

23. All required permissions and permits will be obtained from federal, state, and local 

jurisdictions, including local law enforcement, fire or other appropriate governmental 

agencies. 

24. If the UAS loses communication with the PIC, it will have the capability to safely 

return to a pre-determined location within the operational area and land safely. 

25. Contingency plans will be in place to safely terminate flight ifthere is a loss of 

communication between the PIC and the VO. 

26. PIC will also hold a current FAA airman medical certificate or a valid U.S. driver's 

license issued by a state. the District of Columbia, Puerto Rico, a territory, a 

possession, or the Federal government. 

27. Operations shall occur during daytime VFR Meteorological Conditions; flights under 

special visual flight rules ("SVFR") will not be conducted. 

28. The UAS shall remain clear and yield the right of way to all other manned operations 

and activities at all times (including, but not limited to, ultralight vehicles, parachute 

activities, parasailing activities, hang gliders, etc.). 

29. The UAS will not be operated by the PIC from any moving device or vehicle. 

30. The radio frequency spectrum used for operation and control of the UAS will 

comply with the Federal Communications Commission (FCC) or other appropriate 

government oversight agency requirements. 

V. REGULATIONS FROM WHICH EXEMPTION IS REQUESTED 

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory 

authority, by its terms, includes exempting civil aircraft, as the term is defined under § 40101 of 

the Act, including UASs, from its safety regulations and minimum standards when the 

Administrator decides a requested exemption is in the public interest. 3 

Esri seeks an exemption from several interrelated provisions ofTitle 14 ofthe Code of Federal 
Page 9 

Regulations (" 14 C. F. R ") Parts 21, 45, 61 and 91 for purposes of conducting the requested 

operations using UAS platforms noted above. Listed below are: (l) the specific sections of 14 

C.F.R for which exemption is sought, and (2) the operating procedures and safeguards that Esri 

has established which will ensure a level of safety better than or equal to the rules from which 

exemption is sought.4 

UNMANNED AIRCRAFT SYSTEM 

A. 14 C.F.R. Part 21, Subpart H - Airworthiness Certificates and 14 C.F.R. 

§9l.203(a)( I) 

The FAA has stated that no exemption is needed from this section if a finding is made under the 

Reform Act that the UAS selected provides an equivalent level of safety when compared to 

aircraft normally used for the same application. These criteria are met and in point of fact 

exceeded, and therefore no exemption is needed. ~ If. however, the FAA determines that there 

are some characteristics of the chosen UAS that fail to meet the requirements of the Reform Act. 

an exemption is requested. 

Equivale111 Level of S afety 

Esri's use of the UAS is safe when taking into account its size, weight, speed, and operational 

capability. As set forth in the description of proposed operations in Section IV(A), the UAS 

weighs less than 55 pounds, including payload and will not be flown at a ground speed in excess 

of 87 knots. Additionally, the UAS carries neither pilots nor passengers, carries no explosive 

materials or flammable liquid fuels, or other elements identified by the Department of Homeland 

Security as being prohibitive. 

Operations conducted under this exemption will be closely controlled and monitored by the PIC 

operator and will be conducted in compliance with local public safety requirements, to provide 

security for the area of operation. In all cases, operation of the UAS under the proposed 

conditions will be at least as safe as, or safer than, conventional rotorcraft operating with an 

airworthiness certificate. Lastly, the UASs do not need a means 

3 49 U .S.C. § 4470 I (f) (authori7ing the grant of exemptions from requirements of regulations prescribed pursuant to 

Sections 4470 l(a) and (b) and Sections 44702- 44716). 

4 14 C.F.R § 11.81 (c), which requires a petition for exemption to include: The reasons why granting the exemption 

would not adversely affect safety, or how the exemption would provide a level of safety at least equal to that 

provided by the rule from which you seek exemption. 

s See Grant of Exemption No. II 062 to Astraeus Aerial (FAA-20 14-0352 at pgs. 13-14, 22). 
Page 10 

to communicate with other aircraft or ATC. because those capabilities will he solely possessed by 

the PIC and VO, who arc not onboard the UAS.6 

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft 

Title 14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness ccrti ftcation of 

normal category rotorcrafl. To the extent that bsri's small UAS would otherwise require 

certification under Part 27, Esri seeks an exemption from Part 27's airv•orthiness standards for 

the same reasons identified in the request for exemption from 14 C.F.R. R. Part 21, Subpart H, 

supra. 

C. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification 

Requirements 

Esri seeks an exemption from the aircraft marking and identification requirements contained in 

14 C.F.R. §§ 91.9(c). 45.23(b) and 45.27(a). 

• 14 C.F.R. § 91.9(c), Civil Aircraft Flight Manual, Marking and Placard 

requirements. provides that: 

No person may operate a U.S.-registered civil aircraft unless that aircraft 

is identified in accordance with Part 45 of this chapter. 

• 14 C.F.R. § 45.23(b). Markings of the Aircraft, states: 

When marks include only the Roman capital letter "N" and the registration 

number is displayed on limited, restricted or light-sport category aircraft 

or experimental or provisionally certificated aircraft. the operator must 

also display on that aircraft ncar each entrance to the cabin, cockpit, or 

pilot station, in letters not less than 2 inches nor more than 6 inches high, 

the words "limited," "restricted," "light-sport. "experimental," or 

"provisional," as applicable. 

• 14 C.F.R. § 45.27(a). Rotorcraft, states: 

bach operator of a rotorcraft must display on that rotorcraft horizontally 

on both surfaces of the cabin, fuselage, boom. or tail the marks required by 

§ 45.23. 

6 See Grant of Exemption No. II 062 to Astraeus Aerial (FAA-20 14-0352 at pg. 13). 
Page 11 

In a previous Grant of Exemption, the FAA determined that exemption from these requirements 

was warranted provided that the aircraft "have identification (N-Number) markings in 

accordance with 14 C.F.R Part 45. Subpart C if the markings arc as large as practicable."7 

Equivale11t Level of Safety 

All UAS operated by Esri will comply with 14 CFR part 48. "Registration and Marking 

Requirements for Small Unmanned Aircraft." 

D. 14 C.F.R. § 91.40S(a), 91.407(a)(l), 91.409(a)(l) and (2); 91.417(a) and (b): 

Maintenance Inspections 

Esri seeks an exemption from the maintenance inspection requirements contained in 14 C.F.R. § 

91.405(a), 91 .407(a)(l), 9l.409(a)(2); 91.417(a) and (b). These regulations specify maintenance 

and inspection standards in reference to 14 C.F.R. Part 43. Sec, e.g., 14 C.F.R. § 91 .405(a) 

(stating that each owner or operator of an aircraft "(s]hall have the aircraft inspected as 

prescribed in subpart E of this part and shall between required inspections ... have discrepancies 

repaired as prescribed in part 43 of this chapter"). An exemption from these regulations is needed 

because Part ./3 and these sections only apply to aircrafl ·with an airworthiness cerl(ficate. which 

the UAS pla~forrns to be operated under this grant of exemption will not have. (Emphasis added) 

Equivalent Level of Safety 

An equivalent level of safety will be achieved or exceeded because maintenance and inspections 

will be timely performed in accordance with the Manufacturer's Manual and any required 

manufacturer Safety or Service Bulletins. Further, as required by Esri 's Operations Manuals. the 

PIC v,ill conduct a pre-flight inspection of the UAS and all associated equipment to account for 

all discrepancies and/or inoperable components. Maintenance will be performed and verified to 

address any conditions potentially affecting safe operation of the UASs and no flights will occur 

unless, and until, all flight critical components of the UAS have been found to be airworthy and 

in a condition safe for operation. A functional test flight will be conducted following the 

replacement of any flight-critical components. As required by Esri's Operations Manuals, the 

PIC \\hO conducts the functional test flight will make an entry in the UAS aircraft records of the 

flight. 

Esri's Operations Manual also includes requirements to follow the manufacturer's UAS 

aircraft/component, maintenance, overhaul. replacement, inspection, and life limit requirements 

for the following applicable components: powertrain system (powerplant), propellers, avionics 

and control surfaces (including ailerons/elevons), structures & airframe, camera system, 

electrical systems (including batteries), ground control station, hazard accessories, and spare 

parts. Further, Esri 's Operations Manuals also include procedures to document and maintain a 

record of the UAS's maintenance, preventative maintenance, alterations, status of replacement 

/overhaul component parts, and the total time in service of the UAS used under this Grant of 

Exemption. As a whole, the maintenance and inspection procedures required in 

1

FAA Docket No. FAA-2014-0352. 
Page 12 

Esri 's Operations Manuals ensure that an equivalent or higher level of safety will be achieved. 

PILOT-IN-COMMAND OF THE VAS 

E. 14 C.F.I~. § 61.113: Private Pilot Privileges and Limitations 

Esri seeks exemption from 14 CFR § 61. 11 3, which restricts private pilot ccrti licate holders 

from flying aircraft for compensation or hire, and would also require a second class medical 

certificate. The purpose of Part 61 is to ensure that the skill and competency of any PIC matches 

the airspace in which the PIC will be operating, as well as requiring certifications if the private 

pilot is carrying passengers or cargo for hire. In this case, while the UAS will be operated as part 

of a commercial operation, they carry neither passengers nor cargo. In the Grant of Exemption 

to Astraeus Aerial, the FAA determined that the unique characteristics of UAS operation outside 

of controlled airspace did not warrant the additional cost and restrictions attendant with requiring 

the PIC to have a Commercial Pilot Certificate and Class II Medical Certificate.8 The fulfillment 

of the additional requirements for a private pilot to become qualified as a commercial pilot 

would not lead to any additional safety benefits for the type ofUAS operations requested in this 

petition. 

Equivalent Level of Safety 

The restrictions Esri has placed on its UAS operations meet or exceed the restrictions similarly 

imposed on Astraeus Aerial. Esri will operate on private property away from persons and 

property not involved in the operation. All operations will be conducted in accordance with the 

conditions of this waiver and airspace limitations specified in the COA. 

In addition to these flight restrictions. Esri will further ensure safe operation by requiring that 

any PIC be thoroughly versed not only in airspace and communication issues pertaining to all 

aircraft operators but also in the unique aspects of UAS night. The pilot qualification, training, 

and currency requirements in the Operations Manuals ensure that Esri pilots arc competent and 

proficient in the UAS they are operating. Esri'straining and qualification requirements are 

consistent with those contained in prior FAA Section 333 Grants of Exemption, and will provide 

a higher level of competency and proficiency for its pilots and will ensure at least an equivalent 

level of safety to the public. 

8 Exemption No. 11062 (FAA Docket No. FAA-2014-0352). 
Page 13 

OPERATING PARAMETERS OF THE UAS 

F. 14 C.F.R. § 9J.7(a): Civil Aircraft Airworthiness 

Inasmuch as there will be no airworthiness certificate issued for the UASs. J:sri seeks an 

exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in airworthy condition 

to be operated. The FAA has stated that no exemption is required for 14 C.F.R. § 91.7(a) to the 

extent that the requirements of Part 21 are waived or found inapplicable.9 Accordingly, Esri 

requests that the requirements for § 91.7(a) be treated in accordance with Section V(A), supra. 

G. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 14 C.F.R. 

§ 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration 

Title 14 C.F.R. § 91.9(b) (2) and§ 91.203(a) and (b) require the operator to carry airworthiness 

documents and other aircraft manuals onboard the aircraft. Pursuant to 14 C.F.R. § 91.9(b) (2): 

(b) No person may operate a U.S.-registercd civil aircraft -

(2) For which an Airplane or Rotorcraft Flight Manual is required by § 21.5 of this 

chapter, unless there is available in the aircraft a current approved Airplane or Rotorcraft 

Flight Manual, approved manual material, markings, and placards, or any combination 

thereof. 

Pursuant to 14 C.F.R. § 91~203(a) and (b): 

(a) Except as provided in§ 91.715, no person may operate a civil aircraft unless it has 

within it the following: 

(1) An appropri ate and current airworthiness certificate [ ... ) 

(b) No person may operate a civil aircraft unless the airworthiness certificate required by 

paragraph (a) of this section or a special flight authorization issued under§ 91.715 is 

displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. 

Given the small size and configuration of the UAS, it would be impractical to keep airworthiness 

documents and other aircraft manuals on board the UAS because there is simply no room and the 

UAS has no cabin or cockpit. As a way to comply with the code Esri will maintain the 

documents with the PIC and make them available for inspection. 

Equivalellt Level of Safety 

In an FAA Office of Chief Counsel's Opinion dated August 8, 2014, and prepared by Dean E. 

Griffith, Attorney, AGC-220, it was acknowledged that the intent of 14 C.F.R. 91 .9(b) and 

91.203(a) and (b) is met if the pilot ofthe unmanned aircraft has access to the UAS flight 

9 See ld. at 13-14, 22. 
Page 14 

manual, registration certi1icate, and other required documents from the ground control station 

from which he or she is operating the aircraft. 10 As this FAA Office of Chief Counsel Opinion 

clarifies, the intent of the rule is to ensure the pilot has access to these key documents during 

flight. Therefore, an equivalent level of safety will be achieved by ensuring that the pilot has 

access to the documents at the ground control station from which he or she is piloting the UAS. 

H. 14 C.F.R. § 91.103: Preflight Action 

Esri seeks an exemption from 14 C.F.R. § 91.103, which requires a PIC to become familiar with 

specific information before each flight, including information contained in the FAA-approved 

Flight Manual on board the aircraft. While the PIC will be familiar with all information 

necessary to safely conduct the flight, an exemption is requested to the extent that an FAAapproved Flight Manual is required. 

Equivalent Level of Safety 

An equivalent level of safety will be provided by following the Esri's Operations Manuals and 

the Manufacturer's Manual. The PIC will perform a series of checklists designed to identify any 

defects or inoperable components in accordance with the Esri's Operations Manuals, including 

checklists covering Pre-Flight, Launch, Landing, and Post-Flight procedures. The PIC wilJ also 

be required to review weather, flight requirements, battery charge, landing and takeoff distance, 

UA performance data, and contingency landing areas-before initiation of flight. Esri's 

Operations Manuals and the Manufacturer's Manual will be kept at the ground control station 

and will be accessible to the PIC at all times while operating the UAS. 

I. 14 C.F.R. § 91.109(a): Flight Instruction 

Esri seeks an exemption from 14 C.F.R. § 91.1 09(a), which provides in pertinent part that "[n]o 

person may operate a civil aircraft (except a manned free balloon) that is being used for flight 

instruction unless that aircraft has fully functioning dual controls." UASs and remotely piloted 

aircraft, by their design, do not have functional dual controls. Instead, flight control is 

accomplished through the use of a device that communicates with the aircraft via radio 

communications. Accordingly, an exemption will be required for the flight instruction 

requirements of 14 C.F.R. § 91.1 09(a). 

Equivalent Level of Safety 

Given the size and speed of the UASs that Esri intends to use, an equivalent level of safe training 

can still be performed without dual controls because no pilot or passengers are aboard the UAS, 

and as required by the Esri's Operations Manuals, all persons will be a safe distance away in the 

event that the UAS experiences any difficulties during flight instruction. Moreover, as required 

by the Esri's Operations Manuals, all flight training will be conducted in controlled and sterile 

environment. As a whole, the safety procedures provided for in Esri's Operations Manuals 

ensure that the proposed UAS operations provide an equivalent or higher level of safety 

10 Memorandum from Marlo.. Bury, FAA Assistant Chief Counsel for International Law, Legislation and Regulation, 

to John Duncan, FAA Flight Standards Service (Aug. 8, 2014 ); see also Docket No. FAA-20 I 4-0352 at 16-18. 
Page 15 

than that provided by the night instruction regulations. 

J. 14 C.F.R. § 91.11 9(c): Minimum Safe Altitudes 

Esri requests an exemption from the minimum safe altitude requirements of 14 C.F.R. 

§91.119( c). 11 Section 91.119 prescribes the minimum safe altitudes under which aircraft may 

not operate, including 500 reel above the surface and away from any person, vessel, vehicle, or 

structure in non-congested areas. See 14 C.F.R. § 9l.119(c). Section 9l.119(d) allows for a 

helicopter to operate at less than those minimum altitudes when it can be operated "without 

hazard to persons or property on the surface," provided that "each person operating the helicopter 

complies with any routes or altitudes specilically prescribed for helicopters by the FAA." 

An exemption is required because the proposed UAS operation will normally need to occur 

below 400 feet AGL. Additionally, due the nature of the proposed operations. the PIC and/or 

VO(s) may need to be less than 500 feet away from the UAS. 

Equivale11t Level of S afety 

Compared to flight operations with rotorcraft weighing far more than the maximum weights 

proposed herein, and given the lack of flammable fuel with the above noted UASs, any risk 

associated with these operations is far less than those which presently exist \.\>ith conventional 

aircraft. An equivalent level of safety will be achieved given the size, weight, and speed of the 

UASs, as well as the controlled location where the operations will occur. 

As set forth in the Operations Manuals, the UAS will be operated at a lateral distance of at least 

500 feet from any nonparticipating persons, unless that person is in a position where he or she is 

shielded from the UAS and any possible debris resulting from its failure. As required by the 

Operations Manuals, flights will be terminated if a nonparticipating person within 500 feet of the 

UAS leaves a shielded position. Further, its operations will occur at least 500 feet away from 

vehicles or structures unless the property owner/controller timely has granted permission and the 

PIC has made a safety assessment of the risk of operating closer to those objects and, operations 

near the PIC or VO will not present an undue hazard per§ 9l.ll9(a). Adherence to these 

restrictions in 

11 Relief from § 91.119(a) will not be necessary because Esri wi II be able to perfonn an emergency landing without 

undue bazard to persons or propert) on the ground in the event of a failure. Petitioner's proposed UAS operations 

will not occur over congested areas, and therefore an exemption from § 91 . 119(b) will not be necessary. See e.g., 

Grant of Exemption No. 11157 to Slugwear, Inc., dba Like on a tree Aerial (FAA-20 14-0534 at 15). 
Page 16 

l.:.sri's Operations Manuals will ensure operations can be conducted without compromising 

public safety. 12 

K. 14 C.F.R. § 91.121: Altimeter Settings 

Esri seeks an exemption from 14 C.P.R. § 91.121, which requires a person operating an aircraft to 

maintain cruising altitude or night level by reference to an altimeter that is set to the elevation of 

the departure airport or barometric pressure. An exemption is required to the extent that the UASs 

do not have a barometric altimeter, but rather a GPS altitude read out. 

Equivalent Level of Safety 

The FAA has stated that an equivalent level of safety to the requirements of 14 C.F.R. §91.121 

can be achieved in circumstances where: (1) the UASs will be operated below 400 feet AGL or 

below13, (2) within VLOS, (3) where GPS based altitude information is relayed in real time to the 

operator at a ground-based on-screen display and, (4) where prior to each flight, a zero altitude 

initiation point is established for the PIC to confirm accuracy of the on board GPS. 14 

The UAS that Esri intends to usc for the proposed operations will meet all these operational 

characteristics. Moreover, as required by Esri's Operations Manuals, the PIC will be required to 

calibrate the aircraft's GPS compass prior to each flight operation. Like prior FAA Section 333 

Grants of Exemption, the UAS Esri intends to use, and the safety mitigation procedures 

contained in the Operations Manuals, both ensure that an equivalent level of safety or greater 

level will be achieved, and a Grant of Exemption to the requirements of 

§ 191.121 is therefore appropriate. 

L. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions 

Esri requests an exemption from 14 C.F.R. § 91.151 (a)'s fuel requirements for flight in VFR 

conditions. Section 91.151 states: 

12 See e.g., Grant of Exemption No. 11138 to Douglas Trudeau (FAA-20 14-0481 at 19): "lfbarners or structures are 

present that can sufficiently protect nonparticipating persons from the UA or debris m the event of an accident, then 

the UA may operate closer than 500 feet to persons afforded such protection. The operator must also ensure that 

nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such 

protection and are within 500 feet of the UA, flight operations must cease immediately. When considering how to 

immediately cease operations, the primary concern is the safety of those nonparticipating persons. In addition, the 

FAA finds that operations may be conducted closer than 500 feet to vessels, vehicles and structures when the 

owner/controller of any such vessels, vehicles or structures grants permission for the operation and the PIC makes a 

safety assessment of the risk of operating closer to those objects and determines that it docs not present an undue 

hazard." 

n If the height of the structure being inspected exceeds 400 feet AGL, the UAS will not be operated more than 100 

feet above the highest point on the structure. 

11 See Grant of Exemption No. 11062 toAstraeusAerial (FAA-2014-0352 at2l}. 
Page 17 

(a) No person may begin a flight in an airplane under VFR conditions unless 

(considering '"'ind and forecast weather conditions) there is enough fuel to fly to the 

first point of intended landing and. assuming normal cruising speed 

(I) During the day. to fly after that for at least 30 minutes: or 

(2) At night, to fly after that for at least 45 minutes. 

Here. the technological limitations on UAS battery power means that no meaningful flight 

operations can be conducted while still maintaining a 30-minutc battery reserve. An exemption 

from the fuel requirements of 14 C.P.R.§ 91.151(a) is therefore required. Moreover, it is not 

Esri 's intention to fly the UASs at night. 

Equivalent Level of Safety 

In the Grant of Exemption to YDOS (Exemption No. 11112), the f-AA determined that an 

equivalent level of safety to the fuel requirements for flight in VFR conditions could be achieved 

by prohibiting the PIC from beginning a UAS flight unless (considering wind and forecast 

weather conditions) there was enough power to fly to the first intended point of landing and, 

assuming normal cruising speed, to fly after that for at least 10 minutes. In reaching this 

conclusion, the FAA considered that the UAS batteries for the UAS provide approximately 50 

minutes of powered flight (with payload) and provided battery level and battery time remaining 

in minutes and seconds to the PIC. 15 The FAA also considered the fact the UAS operating 

manual states: "start every flight with a fully charged battery in the aerial vehicle", and that in 

the event that the UAS should run low on power, the PIC will be alerted and can safely land theUAS as soon as possible. Like the YDOS Grant of Exemption, Esri's use ofthe UAS, combined 

with the requirements of Petitioner's Operations Manuals, ensure that an equivalent level of 

safety can be achieved and in fact exceeded. 

Similarly, in the Grant of Exemption to Alan Purwin (Exemption No. 11161). the FAA 

determined that an equivalent level of safety to the fuel requirements for flight in VFR conditions 

could be achieved by prohibiting the PIC from beginning a flight with the UA unless 

(considering wind and forecast weather conditions), there was enough power to safely fly at 

normal cruising speed to the intended landing point and land the UA with 25% battery power 

remaining. Esri will adhere to this limitation for its UAS flights. 

The UAS includes a low battery warning system and the amount of battery reserve power 

remaining is continuously transmitted to the PIC via telemetric data feed. which downlinks from 

the UAS to a ground-based-on-screen display. 16 As required by Esri's Operations Manuals, the 

PIC will promptly fly the UAS back to the home launch location or pre- determined abort 

location where it may safely land, while still maintaining a minimum of25% 

15 Grant of Exemption No. 11112 to YDOS Global, LLC (FAA-2014-0382 at 10). 

16 The UAS ground control station displays, the UASs position, navigation route, tail number, altitude, heading, 

north seeking arrow, range to targets, calculated target position, date/time, and sensor heading and orientation 

relative to the UAS. 
Page 18 

reserve battery power. Esri submits that the procedures requiring nights to be safely terminated 

once the batteries fall below 25% capacity. combined with the requirement that flights only be 

conducted within a secure, isolated area. using a UAS weighing less than 55 pounds. and within 

VLOS ofthe PIC and VO(s). ensure that the proposed operation will provide an equivalent or 

higher level of safct} to the public to that provided by the regulations from which exemption is 

sought. 

VI. DRUG AND ALCOHOL PROGRAM 

Esri has policies in place to ensure that no person may participate in UASs flight operations if 

they are under the influence of alcohol or any drug per 14 C.F.R §91. 17. 

VII. PUBLIC INTEREST 

The public interest will be served by granting Esri's Petition for Exemption. Congress has 

established a national policy that favors early integration of UAS into the NAS in controlled, 

safe working environments such as those proposed in this Petition. Granting this Petition for 

Exemption helps fulfill Congress' goal in passing Section 333(a) through (c) of the Reform 

Act- the FAA Administrator's assessment of whether certain UAS may operate safely in the 

NAS before completion of the statutorily required rulemaking. 

The proposed UAS operations in this Petition for Exemption significantly improves the safety 

and reduces risk of harm. physical injury and property damage to the public at large, the 

property owners from whom permission was granted for use by Esri and abutting properties. 

staff of Petitioner, unsuspecting passersby, inspecting engineers from relevant organizations and 

alJ those who may be in the local vicinity. Traditional methods of inspecting and monitoring 

potential locations and relevant sites and facilities requires location personnel to clin1b towers, 

trees, venture onto precarious roofs and other dangerous scenarios, perform elevated work for 

which the individual is neither trained nor equipped to perform, which exposes them to 

unnecessary risk of serious physical injury from dangerous falls or other physical mishaps. 

Moreover, inspectors/surveyors are often unnecessarily exposed to hazardous conditions, unsafe 

environments, culturally tense situations and other hazards associated with identifying specific 

locations for potential recording sites to be used in the end product. The use of small UASs can 

eliminate these hazards and ultimately create a much safer method of performing these types of 

inspections creating a safer environment for the public as well as Esri employees. 

The use of small UAS also enhances safety and reduces risk to the surrounding public because. 

unlike manned aircraft weighing thousands of pounds. carrying crew in addition to flammable 

fuel, the UAS carry no passengers, crew or explosive fuel. Furthermore, in the unlikely event of 

an accident, Esri's small battery powered UAS presents significantly less danger to persons on 

the ground when compared to operations by conventional manned aircraft. 17 As 

17 See Grant of Exemption No. 11158 to Team 5, LLC (FAA-20 14-0783 at 12): "Manned helicopters conducting 

aerial filming can weigh 6,000 pounds or more and are operated by an onboard pilot, in addition to other onboard 

crewmcmbers, as necessary. The petitioner's UAS will weigh less than 55 pounds with no onboard pilot or crew. 

The pilot and crew will be remotely located from the aircraft. The limited weight significantly reduces the potential 

for harm to participating and nonparticipating individuals or property in the event of an incident or accident. Risk 

to an onboard pilot and crew during an incident or accident is eliminated with the use of a UA for the aerial filming 
Page 19 

Esri's UAS are battery powered, the public will also benefit from a reduction in harmful petroleum 

based emissions associated with conventional aircraft performing in the same functions proposed 

herein. Air quality will naturally be improved with the reduction of fuel powered vehicles. 

VIII. PRIYACY 

All UAS operations will be conducted in accordance with applicable federal, state, and local laws 

regarding privacy. All operations shall be conducted over property with permission from the land 

owner/controller or authorized representative. Permission from land owner/controller or authorized 

representative will be obtained for each flight to be conducted. 

IX. FEDERAL REGISTER SUMMARY 

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the FEDERAL 

REGISTER, should it be determined that publication is needed: Esri seeks an exemption from the 

following rules in Title 14 of the Code of Federal Regulations: 

Part 21, Subpart H; Part 27; 45.23(b); 45.27(a); 61.113; 91.7(a); 91.9(b)(2); 91.9(c); 

91.103; 9l.109(a); 91.119(c); 91.121; 9l.15l(a); 91.203 (a) & (b); 91.405(a); 91.407(a)(l): 

91.409(a)(l) & (2); 91.417 (a) & (b). 

The exemption will enhance safety by reducing risk to the aircraft crew, production crew, general 

public, property owners and city structures from the substantial hazards associated with performing 

equivalent survey work and aerial video production with conventional fixed-wing aircraft, rotorcraft, 

or other methods. 

X. CONCLUSION 

Esri's Petition for Exemption satisfies the criteria articulated in Section 333 of the Reform Act of2012 

which includes weight; speed; operating capabilities; proximity to airports and populated areas; 

operation within VLOS and national security. The proposed UAS operations will benefit the public as a 

whole by improving safety and reducing risk by alleviating human exposure to danger while lowering 

the attendant related costs for data collection. In consideration of the foregoing, this Petition for 

Exemption provides the FAA with more than adequate justification for granting the requested 

exemptions allowing Esri to use small UASs in the recorded production of its product. 

We thank you for your prompt consideration of our requested exemptions. 

Respectful!} Submitted, 

Donald 

~ J. Berry Director of Operations 

Attachment: Flight Operations Manual